Tag Archives: love

The Art of the Javelin, a short story

illustration the art of the javelin

The Art of the Javelin

There were certain lovers who never let you go, not even when it was over, officially over ‑‑ the kind of officially over where you both married other people.  It’s not anyone’s fault.  It’s something about chemistry, the chemistry of their skin on yours, your skin won’t ever stop wanting theirs and this is a really, really bad thing.  Marriages have been wrecked because of that skin, engagements broken, the valuables pawned.  The skin fling always started well, of course, the mad passion, so heated you never thought about the consequences.  And there were always consequences:  huge, nasty ones.  Perhaps those terrible consequences were what doomed the love affair from the very beginning.  Nothing so lovely and delicate could survive the stamping black boot of your own despair.

You loved him, but it was never enough.  Being with him was not enough.  Being without him was not enough.  Maybe your children, both dead, would have been enough.  You saw the first child, sleeping, its head tilted back, its eyes closed.  You do not know what color its eyes were.  You never saw its eyes.  It saw, and in seeing, died.  Suffice it to say the child would have been a master of language.  It would have been love, a fountain of it.  You left, not taking your child home.  You let someone else take it away.  Psyche never saw Cupid, and you cannot see him anymore.  Psyche is and was whatever Love loved.  You were loved by Love.  You died with the child.  You were crushed like a butterfly hovering in front of a fast-moving truck.  You were a crushed soul.

The land was flat, barren ‑‑ the horizon stretched like a satiated woman ‑‑ supine, theatrical, unconscious.  You missed the children, and you missed him.  Was it a garden you were in?  Was it a prison cell?  There was never enough air, anywhere.

Who wanted, as a woman wanted, simply to be loved?  All the boys wanted something else.  Girls, on occasion – and more than once — want abstract worship, admiration from afar, poems, flowers, sweet nothings in the ear.  Is that what the boys wanted, too?  With that divining rod in front of them it must have been difficult to remain abstract.  There was something embarrassing about need rendered visible.  They could not hide it from the world.  Did boys say, “No?”  As often as girls?  The urge was outward, not inward – the desire to pierce, rather than contain.  The needle ‑‑ the eye of the needle ‑‑ threaded with what, exactly?  The female soul?  Your feet were so cold in the water, wading for freshwater mussels, that your toenails turned stark white.  The mussels were brown and slippery, and the empty shells painted with pale, pearly rainbows in the light.  The little girls around you murmured with delight, squealing when they found a really big one.  Their little hands were sandy and damp on your arm.  Their voices piped so impossibly high.  You saw them at age 35, still hunting for the perfect shell.

You were tired of living your life.  It was satisfactory only in the material sense.  The lights were never turned off for lack of payment.  Your husband went to bed hours before you did; you sat doing needlepoint in the den and watching obscure re‑runs.  You resented your husband’s bulk upstairs in the king‑sized bed, you resented him sleeping turned towards you, resented the warmth of his breath wafting across the hump in the middle of the mattress that had arisen over the years between the depressions your bodies made on either side.  Once or twice you tried to get her husband to talk to you about God; he declined to do so, saying it was “too personal” a topic.  What is the use of a husband, you thought, without conversations about God?

So you wondered whether to leave him.  Suddenly, a young man, black‑haired, black‑eyed, entered your life, with a piercing gaze, but shy, downturned head.  He was marrying his girlfriend:  you thought they were both too young and naive to know what they were getting into.  You tried to talk him out of marriage, saying not that yours was terrible, just that marriage itself was really hard and bound not to live up to anyone’s expectations for it.

He married the girl, anyway, and in about a year was desperately unhappy.  His wife left him, run away several times, stole his money and his car and told him he was worthless both in bed, and out.  In another moment, you found yourself in bed with him, never once considering how you would get out again.  You were not ready to be called an adulteress, but he persuaded you that since you had already committed adultery in your heart, what did it matter in the flesh?  Oh, it mattered, it mattered plenty.  Only in a purely theoretical sense did it not matter.  It certainly mattered to your husband.  He wanted the child, all the money, the house, and your head on a platter.  Everyone told you not to be honest, not to tell him, but you couldn’t deceive him that way ‑‑ it would kill you to be so deceived by someone else.

It first happened on a rainy afternoon, the kind of afternoon that made sitting on a park bench impossible.  All you really wanted to do was talk.  You were lonely, you wanted to be alone with him in a comfortable place where you could take your shoes off and lie down flat and tell him your life story.  He was so kind and understanding.  You wanted everything to happen slowly.  Both he and you were married to other people at the time and you had a broken ankle so you couldn’t walk through the woods or the park, even if it weren’t raining.  You weren’t planning on committing adultery.  You wanted an affair of the heart, of the mind.  You were either hopelessly naive or lying to yourself.

When you were feeling bitter, you wore red clothes, covered with lint, and did not bother to go over them with sticky tape.  You slept only on goose down pillows, and drank only water bottled in France.  When hurricanes were coming, you cooked elaborate cream sauces, and served lemon and honey tea shot with brandy in a crystal cup.  Your rage gave you a sore throat, the tears and tissues a sore nose.  Anger was only depression turned outward.  Always, you received presents in the wrong size, but consoled yourself afterward with icy lime sherbet.  You slept a bitter sleep, on sticky sheets, dreaming of French noses, and purebred geese, white with pink feet.  On Halloween, you changed your name for good.

You took bitter medicine, while he slept through the hurricane.  He gave you red clothes, always the wrong size.  You fed the geese cracked corn with your bleeding hands.  The brandy shattered the crystal glass.  Cream sauces were poured over ice.  You strapped the pillows to the bed with sticky tape.  You cried while he was bleeding.  You whimpered after giving birth.  A deep, abiding melancholy.  Our Lady of Perpetual Melancholy.  The symbolism of the golden arches.  An icon for the ages.  Our Lady of Perpetual Cholesterol.  Our Lady of Sodium.  Our Lady of the Mall.  Where is food for the spirit?  Charge it on your MasterCard.  Ring it up on your Visa.  A deep melancholy, not easily abated or debated.

It happened on a day when you’d been fasting for religious reasons even though you weren’t religious.  A friend called that morning before you’d eaten breakfast and happened to mention it was Yom Kippur.  You felt ready to atone for everything you’d ever done regardless of whether you’d actually caused anybody to suffer.  Your husband, for example.  Your husband was suffering although he didn’t realize it.  He thought he was content, but he was wrong.  You knew that having sex with a woman for 12 years without her having a single orgasm constituted suffering.  You wanted his suffering to cease, quickly and permanently.  And it seemed you were the cause of all suffering, everywhere.  You had daydreams about running away and never coming back, living in a small rented room, anonymous.

So the fasting and the marital woes had taken their toll on your common sense, and the broken ankle had taken its toll on your ability for locomotion.  You were faint from low blood sugar and hobbled wearily into the motel room, collapsing on the lumpy mattress.  Being called a neurotic bitch by your husband had long lost its appeal.  You needed somebody to love you, not somebody to fuck.  But, as your soon‑to‑be lover undressed you, he told you it didn’t even matter whether you actually had sex with him because you’d already committed adultery in your heart.  At the time, you took your lover’s reasoning for spiritual altruism.  You snapped at it like a starving bass would snap at a rubber worm.  Hook, line and sinker, you purchased your fate.  It was silly to think you could ever keep a secret.  You obtained a divorce, slinking away from the ruins of your marriage guilty, nearly suicidal, your ex‑husband spitting contempt and moral integrity even as he made plans to marry his own recently‑acquired lover.

Then over and over again, between your ex‑lover and yourself, things exploded, imploded, burdened by your guilt and remorse and terror.  All this ruined mess wasn’t what you had in mind, you were just lonely and wanted to talk.  He thought everything was conquerable, everything, by the human will and true love.  Slowly, unmet needs that at first seemed unimportant loomed enormous and unsolvable.  He didn’t feel safe with you, nor you with him, albeit for completely different reasons.  You were nastily divorced, and suddenly a major skeptic when it comes to love.  Between your dead marriage and your dead alcoholic mother, you finally learned to cut your losses, and quickly.  What started with a bang ended with a bang?  First the relationship was a misery to you, and then it was a misery to him.

The copper gleam of your helmet hair was blinding.  Ivory soap floated in the tub, pale and fatty.  Hard gray metal breathed like a ghost.  The stains of divorce could not be removed with bleach, no matter how hard you tried.  Women in bikinis reminded you of how you used to feel in summer, naked, nearly free.  You decided to be laid out in a salt pine coffin from Jerusalem, your wake illuminated by jeweled lamps fueled by liquid chicken fat.  Stone gargoyles copied from Paris originals would be worked into bench seats.  For refreshments, cold meats with baked garlic.

You loved him even though you knew it was doomed, and that love kept pulling you back to the maybe‑I‑didn’t‑really‑give‑it‑the‑old‑college‑try sort of mistake.  So you got involved with him all over again, and it was a disaster, again, but to him the fact that you came back only proved the point that you two should never have broken up to begin with.  In the end, he never understood why you kept breaking it off, and each time it got over somehow you couldn’t understand exactly why you ended it, either.  It was the same kind of destructive amnesia that keeps a woman having babies after that first one.  She forgets how hard it was, how much it hurt, how much it broke her spirit.  This entire sad sequence repeated until you finally had enough.

That night, you dreamed your mother was unpacking long‑forgotten boxes ‑‑ animals carved out of brightly colored stone, gold‑glass paperweights, things you loved, and your mother was getting rid of it all.

Six months later you got a bill from the library for $173.00.  You remembered your lover checked out a bunch of library books on your card.  So you called him, asked him to return them so you don’t have to pay.  Time goes by, and you wondered.  You called his house for days, but the line was always busy.  You decided to drop in.

You knocked.  It took a long time, but finally he came to the door, disheveled but looking good, except around the ears.  His house smelled strongly like man.  You were startled by the smell.  Vanilla, cinnamon, and a touch of dirt, of mushrooms.  The rooms of women smelled like yourself.  You have been in other men‑only houses, and it was always the same.  There was a strength to their smell, a lasting power, an earthiness under the scent of the body that made you want to burrow into the bed-sheets.  This time, you did not.  He was growing a beard and wore jeans with holes in the knees which made him look as sexy as the third time you slept with him, the time in his father’s falling‑down barn ‑‑ you couldn’t wait one minute longer so you did it right there on top of some mildewed couches.  You broke up for the last time almost a year ago.  It was shocking, the physical part you’d thought was long gone.

You wanted him again, though you’d never let yourself have him, and he sensed it – that made him really angry, angrier than you had ever seen him.  For once, you ignored the physical passion.  You didn’t touch him, though you wanted to, badly.  He sensed it, and that sensing is what drove him mad.  He screamed.  He accused you of being shallow, insensitive, a manipulative bitch with the emotional capacity of a rock.  You were meant to be his, you did everything wrong, you shouldn’t have broken up with him, because it was meant to be, him and you, forever.  He forgot how you cried all the time, and how you couldn’t quite put your finger on the reason.  He forgot what it cost you to be with him:  half your daughter’s life.  He had no children himself, yet, then:  he couldn’t know how guilt had you in its death‑grip.

He screamed, he let you do things, “get away with things,” he shouldn’t have.  He didn’t want those things to occur, but he didn’t object at the time because it seemed like what you needed to do.  You told him maybe he should have given you his true opinion, back then.  Maybe, if he had given his opinion when it was so desperately needed, you’d have chosen to be with him.  Maybe it was his essential passivity that caused those late‑night crying jags.  Maybe you were crying because you felt like his parent, his dorm mother, his baby‑sitter.  You, too, sometimes wanted to be cared for, nurtured, sometimes you wanted to feel safe, to be warm in your own bed on your own pillows, not scurrying around in the corners playing catch‑up with the dust-balls.

But he did not, could not, and would not hear anything you had to say.  You were supposed to be with him forever — he believed this and never let go of it:  his personal Holy Grail.  He wrote you love letters up until the week you got married for the second time, after that, came only hate letters.  There would never be a remedy for his hurt.  There was no way to make amends.  The wounds between you never healed, because he never stopped being angry with you.  He was, is, and will always be angry with you.  For this reason, your affair with him will never be over.

Will he be angry, forever?  Yes.  Will his jealous wrath burn like fire?  Yes.  Blessed is the man whom God chastens, and God will chasten him in time.  Yes.  His entry into vagina, and your life, was like someone throwing the couch over, slitting all the cushions, smashing the picture glass, sawing the bookshelves into firewood.

Someone knelt.  Someone asked to be blessed, forgiven, and made whole.  Two people danced, and at the same time drew blood from one another.  The man you loved stood remote, erect, unbending.  You died, to him.  You murdered him, years ago — it was an accident, a terrible wreck of the heart and body.  You wanted only to find your true home.  They why did your heart feel like cold‑rolled steel?  It clanged shut — you were alone, again.  And, again, no one could reach you.

While his plane took off, you did jumping jacks next to the runway fence.  The chain link made you feel like you had a vision problem.  The vessel making up your love for each other was glass ‑‑ white but somehow full of colors, opalescent, and its inner lip was scarlet ‑‑ caressing the outside of the vessel were golden-brown, radiating leaves, quivering with life.  Nothing could hold that vessel down ‑‑ it rose of its own accord.  Once shattered, it could never be restored.  Your fault, you never knew how to live in this world.  You always desired things which could not be possessed ‑‑ could be kept, could not be domesticated.  Your own heart was not domestic, but, rather, wild, savage, and cruel.  It was the opposite of serene.  It held mother‑love and murder, sometimes in the same instant.  You were the living damned.  The only answer seemed to be to keep moving.  That is why you decided to entomb your legs in rock, solid and immovable.  That is why you always tied yourself to the ground.  The caged butterfly smashed itself over and over again, beating impossibly against prison bars of cold‑rolled steel.  Finally, its wings shredded, and the butterfly could only remember flying.  It knew only that something had gone terribly, terribly, terribly wrong.

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A Lot of Men That Year, a novel fragment

illustration a lot of men that year

A Lot of Men That Year, a novel fragment

I was going through a lot of men that year.  All men seemed like works of art to me, like sculpture.  With body hair, without ‑‑ the buttocks, the thighs, the chests.  They were all quite lovely to look at.  Their emotional content was something else completely.  They seemed cruel, without love ‑‑ not that it mattered that much to me; I kept myself armored against hurt pretty well.  It was all casual dalliance, a form of gymnastic exercise, no permanence intended.  That was how I was protected.

Francisco was the handsomest man I’d ever dared let myself be attracted to.  We were cast in the same play, that’s how it started.  His friend, Vincent, was also quite handsome, though not my type ‑‑ blonde, blue‑eyed.

During this same time, my father and I were trying to get to know each other, 20 years too late.  He wanted instant fatherhood:  I was just confused by it all.

His VW van ‑‑ his hippie ways.  He thought I was so conservative.  When he told me he was attracted to me physically, sexually, I was only half‑shocked, because I suppose I had felt it too.  I almost wished he would act on it, just to see what it felt like.  It wasn’t like I really saw him as a father figure.

Meanwhile, I slept with every guy who interested me, except the ones who had love in their eyes.  Lust, intellectual curiosity, and admiration for my body ‑‑ these were all OK.  But love?  It gave me the willies.  Long‑term commitments were the last thing on my mind.

My father was living in his van ‑‑ I didn’t want to see him all that much, and that hurt his feelings.  I don’t know what, exactly, was going through my mind.  Attraction and repulsion, like magnetic phenomena.

Then there was the boy who punched the wall and broke his hand.  The short boy, musclebound.  He had sort of, kind of, almost-but-not-quite fallen in love with me.  He wanted to sleep with me, but I refused him.  He didn’t understand why.  I was sleeping with everybody else.  I sensed that a sleeping relationship with him would get too messy.  He would be jealous, passionate, moody, and neurotic.  I only wanted men who were vaguely indifferent?

I loved my film as literature class teacher from afar.  He was balding, blonde, and wore thick glasses.  I mean Coke-bottle thick.  I wanted everybody to make passes at me.  I was almost offended if they showed no overt interest in taking my clothes off.  My only excuse?  I was nineteen years old.

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my oldest daughter wrote this in 2007

illustration for abigails 2007 note MOVED_by_Miccy

I have come to realize that I’m upset mostly because I’m trying to make my life something that it’s not. It once was, but it’s not anymore. The friends I used to have are not my friends now (not all of them, mind you), and the friends that left me when Mike did, were never my friends. I’m not meaning to be sappy, depressed, melancholy, or even trying to evoke some sympathetic reaction (pathetic being the operative word). I am merely acknowledging the fact that what I do have, the people who care about me and are still with me, I have been ignoring in favor of the things that rejected me. Why? Because I hate change. I hate change so much that I make myself pathetic by clinging to it, like a child would its mother’s leg on the first day of pre-school.

Mike was my connection to the world I was leaving. I wanted to hold onto him so that I could straddle that line between new and old, and never really have to face the new for what it was–my life. It was a security blanket that I was happy to carry around until there was nothing left but threads and a memory, and who knows how long it would take it to get there? 30 years? 40 years? 50 years? Was I going to spend my life reminiscing about “the good old days”, or was I going to take charge and and cherish what was infront of me instead of turning my back and mourning what was behind? I’m not an activist. I sit back and wait for things to happen, and I end up being left behind. I waited SO long to apply to SFCC that I was scared they weren’t accepting applications anymore. I took the SAT my senior year, and only once. Never the PSAT. I always want to do things “later” in hopes that somehow they will work themselves out and I’ll never have to deal with it.

But no more. I realized all this, and I realized EXACTLY what it was that I needed to do to raise my spirits.

I thank all of you who accept me, who care, and who love. I am so greatful to have you by my side, and marvel at how lucky I am to have so many people so close to my heart. And to all of you who I don’t really mean anything to: I truly am sorry that I wasted so much of my time trying to pull you back to me. None of you are bad people, in fact I like many of you, but you can’t be friends with everyone. And I realize that now. So to my friends: I love you. You have helped me in ways unimaginable, just by being my friend.

So, to conclude, I am a graduate of high school, I am going to college, and I will take charge and welcome change. Change can bring very good things. And if it doesn’t? Well, I’m sure that will change.

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Then, I started blogging. It was the accumulation of all of my dreams come true.

Then, I started blogging. It was the accumulation of all of my dreams come true..

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Soon After My College Graduation, a novel fragment

illustration soon after my college graduation

Soon After My College Graduation, a novel fragment

Soon after my college graduation, I became engaged to Harold.  I’d known him since freshman year; we had dated casually until my senior year, when he watched me perform with the modern dance ensemble and fell in love with the way I moved across the stage in my clingy leotard and filmy skirts.  Everyone in the family adored him.  My father, who never learned to drive a car himself, let Frank drive our very first car home from the dealer.  Though I was happy about the engagement, I wasn’t in a rush to marry.  I wanted to work for a few years, get a taste of the world before settling down at home with a brood.  My parents were skeptical, but they didn’t make a fuss.  They knew I wanted a big family, at least six.

Harold was very good-looking:  strong chin, auburn hair, lean and athletic torso.  We were engaged, so it was the usual custom to sleep together.  His touch was delicate, his hands smooth and lovely.  It was a peaceful, dreamy experience, being with him.  He gave me a pear-shaped blue diamond set in platinum — I wore it and real silk stockings to the office every day.  My family was just middle class, but people thought I was rich.  Nobody knew my father got the stockings free as part of his job at the patent office.  In those days my hair was dark brown, cut in a short pageboy, draped gracefully over my forehead and curled at the ends.  I looked good in simple tailored skirts; my legs were long and well-formed from all that dancing.  Of course the stockings were a plus!

It was about a year into the engagement to Harold that I happened to work with the same young lawyer on several complicated adoptions, right in a row — Robert was Italian, short and bald, and his suits were nicely cut though threadbare.  Something about the confidence in his fluid voice grabbed my attention; one evening after work we met for a drink.  He wasn’t classically handsome, but he had bright, lively features and a charming way with funny stories.  That night, over a pitcher of Rob Roys, he confided to me that he was leaving the Department after the first of the year.  He had an office and secretary all lined up, and could hardly wait to get into practice on his own.  We ordered another pitcher of drinks to celebrate his daring move.

I suppose my big mistake was letting him take me out to dinner, too.  I was drunk:  not so drunk I didn’t know what was happening, just so drunk that I didn’t much care.  Robert touched my cheek, tucked a stray lock of hair behind my ear, then closed his eyes and sighed.  I was all over him in a second — he kept saying, are you sure, are you sure?  As I unzipped his trousers, he asked, what about Harold?  I said, I don’t owe him anything.  What I had then with Robert was neither peaceful nor dreamy, but a jolt of electricity that kept my nerves humming for hours.  Afterward, I held my breath for ten days, then kept right on holding it when my “friend” never showed up.  I started having trouble sleeping.  I was all mixed up.  There was no one I could talk to.

See, if I married Robert and the kid looked WASP, no big problem.  But if I married Harold and the kid came out looking Italian, what then?  I went with the easiest lie.  Does this seem terribly evil?  I had no real alternative at the time.  Now, I suppose I’d have an abortion and be done with it.  It’s true that I felt a little less awful as time passed and Robert and I had three more children who resembled their father, but I was never entirely certain about Robert Junior’s pedigree — depending on the time of day and the season he had the look about him of both men.

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twelve songs for a broken ankle, a poem

twelve songs for a broken ankle, a poem.

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I was thirteen the first time I had to lie to the police to protect someone I loved, a short story

illustration mom hit the boy on the bike

I was Thirteen the First Time I Had to Lie to the Police to Protect Someone I Loved, a short story

I was thirteen, in my first year of high school, and one afternoon I was home watching TV by myself while my mother went to pick up my little brother from nursery school. The doorbell rang: a police officer stood outside, tall and broad and scary. He had gleaming handcuffs and an oily looking gun buckled to his belt; a long black stick with ominous scuffmarks hung at his side. “Your mother’s okay, but she’s been in an accident,” he said. Less than an hour ago I’d seen the way her whole body swayed as she went out the door. Her empty glass was sitting right behind me in the kitchen, unrinsed and still reeking of Scotch.

Even now I see my mother’s face, soft and drunk, pale and frightful, moving through the darkness, soaring over me as mysterious and unreachable as the moon. Her affection waxed and waned, never constant. When she’d had enough to drink, she loved me, but the way she went about her mother love, pulling at me with sorrowful, clumsy arms given unnatural strength by liquor, made my flesh wither under her touch.

“She hit a boy on a bicycle,” the policeman said. “Do you know if she’s been drinking?” he asked. He shifted his weight from one leg to both legs evenly, spread his feet wider on the cement walkway and moved his arms from his sides to his belly, holding his hands together down low at his belt.

“No,” I answered the policeman, looking unflinchingly into his eyes, which was excruciating but imperative, I knew, if I wanted him to believe me. “She hasn’t been drinking.”

My mother had skin like rose petals, eyes like a fawn’s. There were the rare times when she forgot to be sad, if only when some equally sad eyed man noticed her. If a man loved her to the point of obsession, to the point of contemplating suicide, she imagined she might find the strength within herself to survive, but she eventually rejected all such suitors, wanting only those who were hard nosed and cold blooded, as her father and, later, her husbands were. Remote, a source of funds and orders and criticism, the closest men in her life approved of her external beauty but not her soul. They didn’t care what she wanted: they wanted her to be like all the other girls and women, to be beautiful and obedient. They broke her will; she broke their hearts.

She was memorable for simple things: her rose garden and her Scotch and water, her menthol cigarettes and her Pucci nightgowns, her ladylike hands and her A cup breasts, her bitterness, her resignation, her unending string of sentimental, alcoholic boyfriends. She taught me how not to be. How not to live. A psychic once told me she was my one true soul mate in this life and that my heart had been broken the day I was born, that first hazy time I looked into her eyes and saw nothing there for me. One normal thing I remember is hanging clothes out to dry with her in the backyard when the dryer was broken. Once, she even took me out to the movies.

“Are you sure she’s not drunk?” the policeman said. His face was a smooth blank, revealing nothing, but then so was mine. “She’s acting pretty out of it.”

“She gets that way whenever she’s really upset,” I said.

“We need you to come take care of your brother,” he said. “While we decide what to do.”

The policeman herded me into his car, and we drove to the place Mom had the accident. They’d already taken the boy away in an ambulance; all that remained was his bright yellow bicycle, its frame horribly crooked, its front wheel bent almost in half, sprawled on the ground in front of my mother’s car, a powder blue Cutlass Supreme. I glanced offhand at the front of the car, afraid to look too long, afraid the policemen would be able to tell something from the way I acted, but I didn’t notice dents or blood or anything. Even without that, the bike, obviously brand new before the wreck, was as frightening as a dead body. Mom was sitting in the back of another patrol car, and her eyes were red, her face was wet.

My three year old brother sat beside her, and I could tell he hadn’t cried yet, but I could tell when he did it was going to last a very long time. Then I wanted to tell the police she was drunk, yes, she was drunk today and every single afternoon of my life, but the way she looked — her beautiful hands trembling as she smoked — temporarily severed the connection between my conscience and my voicebox. I couldn’t talk at all, because I knew I’d cry. I’d protect her from the police, make sure she wouldn’t end up in jail, but later, I would coldly steal money from her wallet, cigarettes from her purse, clothes from her closet. In the end, the boy on the bike died, and she died, too.

Toward the end, my mother said she was on fire from the neck down. Her arms and legs felt like they were glowing, orange red, molten. But her head felt like a block of ice. She was emotionally or spiritually paralyzed, she said, and worried about whether the condition was permanent. She felt like the nerves from her head down to her body were cut, and she didn’t know if they would ever grow back.

Right before the end, she said she could not distinguish life from dreams; she slept little, ate even less. She didn’t feel mad, she felt terribly, irrevocably sane. Everywhere she walked the ground seemed on the verge of opening up into blackness, into fire. If only she could go mad, she said. When I found her cold and stiff on the living room floor, she wore nothing but blue nylon panties and her white gold wristwatch, given to her by her own mother in 1958.

A watch which is in my jewelry box, upstairs, right this second, and which I wore to the Palm Sunday service, yesterday, at Holy Faith Catholic Church. I took Communion from Father John, even though I am not now, and have never been, and never will be, officially a Catholic. My friend Clyde, my dear friend, mentor, and fellow lawyer, told me that he thought I would still be eligible for Heaven, regardless of what the Catholic Church, as an institution, might determine.

Because of all this, and a couple of other things which I won’t bother to mention here, I had to hold myself very still, and open my eyes a bit wide, during the reading of Jesus’s betrayal in the Garden of Gethsemane in order not to allow the fucking tears to drop out of my eyes. Yes, I am a liar. So sue me. Good luck!

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Lillie Mae Lovett, a prose poem

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Lillie Mae was the first person, other than her mother, Ella remembered being in love with.  She — Lillie Mae — chewed gum, had a gold front tooth, wore long, dark auburn wigs, bright and warm against her dark brown skin.  She — Ella — buried her nose in Lillie Mae’s neck, held up high in her arms.  Heard the muted snapping of the gum in Lillie Mae’s mouth.  Lillie Mae could get Ella, a picky eater, to eat when no one else could.  For Lillie Mae, Ella would open her jaws for the spoon.

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from my folder: defense lawyer’s greed: my lawyer made me do it, by steven lubet

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MY LAWYER MADE ME DO IT

Steven Lubet

05‑01‑2003

Sooner or later, nearly every lawyer has to confront some variant on the dilemma of zealous representation. How do we justify representing clients whose goals are morally questionable or even flatly offensive? The standard answer is that lawyers serve society by facilitating client autonomy, allowing individuals and corporations to make informed decisions about their legal rights. As Samuel Johnson explained nearly 250 years ago, “A lawyer is to do for his client all that his client might fairly do for himself.” Thus, corporate counsel (following each new accounting fraud) and public defenders (in almost every case) deliver the same ready reply to a relentlessly familiar question: How can you defend those people? Well, it isn’t always easy, but we are just doing our job.

Lawyers have come to expect skepticism, if not outright scorn, when representing, say, polluters or criminals. But until recently, it was a safe bet that no one had to be embarrassed about a client like the Catholic Archdiocese of Boston. In recent months, however, the litigation over clergy abuse has become so acrimonious that many parishioners are openly questioning the basic decency of the church’s legal strategy, going so far as to accuse the defense of inflicting new trauma on the abuse victims. Representatives of the archdiocese responded by blaming it all on their counsel ‑‑ “Our lawyers made us do it” ‑‑ as though the church has no control over the tactics employed in its name.

 More than 500 civil cases have been filed against the Boston archdiocese, alleging sexual abuse by priests and a decades‑long cover‑up by the local hierarchy. Last December, amid charges of stonewalling and complicity, Cardinal Bernard Law was forced to resign, replaced temporarily by an apostolic administrator, Bishop Richard Lennon. From the beginning, Bishop Lennon promised a new tone of reconciliation and healing. He announced his intention to settle the outstanding litigation, and promised to make therapy available to every victim who comes forward.

In the meantime, however, the church continued to mount a forceful defense in court, engaging in a level of trench warfare that would make Johnnie Cochran proud. For example, defense lawyers filed a breathtaking motion to dismiss all 500 cases on First Amendment grounds, arguing that the civil authorities could not interfere with the “bishop‑priest relationship.” It was claimed that the constant reassignment of known child molesters was beyond the reach of the law, because the supervision of priests was exclusively an ecclesiastical matter.

Predictably, the motion was denied, but not before Bishop Lennon explained that his attorneys had insisted on the hardball tactic because “failure to do this could very well result in the insurance companies walking away from us, saying that we have not exercised all of our avenues of defense.”

It was barely noticed at the time, but Bishop Lennon had actually adopted the classic lawyer’s excuse. Absolving himself of any moral responsibility for the maneuver ‑‑ much less the cost and anxiety it imposed on the injured plaintiffs ‑‑ he invoked the nature of the legal process as justification for an outrageous ploy. Attorneys routinely seek to escape the consequences of their actions by deferring to their clients’ instructions, but this was an entirely new twist on an old theme. The apostolic administrator washed his hands of his own decision, blaming the insurers and lawyers instead.

It gets much worse.

In January 2003 the church’s defense team began serving deposition subpoenas on plaintiffs’ psychotherapists, including some who had actually been hired by the archdiocese itself to provide treatment to abuse survivors. From a legal perspective, of course, this was not particularly out of the ordinary. The psychotherapist privilege is waived when a plaintiff claims damages for emotional trauma.

From a moral perspective, however, it was a disaster. The church had encouraged victims to come forward and had even set up a special Office of Healing and Assistance to facilitate therapy, as part of Bishop Lennon’s announced preference for settlement over litigation. Then the archdiocese turned around and insisted on invading the patient‑therapist relationship in a way that many victims regarded as jeopardizing their recovery.

The reaction was furious. A coalition of psychologists and victims’ rights activists denounced the depositions as “revictimization” and “reabuse” of patients who were “already broken members” of the church’s flock. Without disputing the church’s legal right to take the depositions, the group complained that the tactic was inconsistent with Lennon’s professed commitment to justice and healing. The victims’ therapy, they said, would be “permanently harmed by the intrusion of the legal system.”

One prominent psychotherapist, who had previously been invited to address the United States Conference of Catholic Bishops, put it even more bluntly: “I think that this is very despicable and deceitful. To say [that] ‘the church loves you’ and ‘we want to help you’ and then to invade your treatment is really just wrong. It may be legally okay, but it’s wrong.”

In response, an archdiocesan spokeswoman declared that the depositions were lawful and necessary: “If the victims choose to sue … we feel that we’re obligated to defend ourselves.”

Maintaining that the archdiocese still supported therapy for survivors, she insisted that the support stood “separate and distinct from the litigation process.” And lest there be any mistake, another church official remarked, “It’s a very tragic set of circumstances, but when you get to the litigation stage, there are certain things lawyers insist on doing to protect their clients.”

Thus, the Boston archdiocese inverted the very premise of the attorney‑client relationship, relying on the purported demands of counsel to justify its own moral blundering. Lawyers naturally recommend strategies that enhance the likelihood of success in litigation. To those who see themselves as legal technicians, the human toll is irrelevant so long as the tactic is lawful. The autonomous client is entitled to zealous representation, and the attorney is helpless to refuse.

But that same stricture never applies to the clients themselves. There is no conception of litigation in which a client can decline to be an independent moral actor. In fact, the American Bar Association’s Model Rules of Professional Conduct specifically call upon lawyers to “defer to the client” in regard to other “persons who might be adversely affected” by litigation. While any good lawyer would urge the archdiocese to authorize the depositions of victims’ therapists, no lawyer could compel it. That is why we call it “advice of counsel.”

The basic purpose of taking a therapist’s deposition, after all, is to undermine the plaintiff’s monetary claim for emotional distress. A good transcript ‑‑ filled with artfully extracted admissions and potential impeachment ‑‑ becomes a useful weapon in negotiation or at trial. An early deposition in the midst of settlement talks is an unmistakably aggressive move, especially in the case of a vulnerable plaintiff who has suffered clergy abuse. (In several hundred cases, all discovery has been stayed for 90 days pursuant to a “stand‑down” order intended to facilitate settlement; in other cases, however, the contentious litigation continues unabated, as the archdiocese recently moved for the entry of a gag order against a lead attorney for plaintiffs.)

The leaders of the Boston archdiocese may opt for compromise and settlement, or they may choose to litigate to the bitter end. As an outsider, I would defend their legal right to make either choice. But no client has the moral right to raise the flag of reconciliation while instructing counsel to scorch the earth.

Steven Lubet is a professor of law at Northwestern University. His most recent book is “Nothing but the Truth: Why Trial Lawyers Don’t, Can’t and Shouldn’t Have to Tell the Whole Truth.” E‑mail: slubet@law.northwestern.edu.

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Monster to Monster, a poem

illustration monster to monster

Monster to Monster

I did you a favor
to let you go, to push you away,

to release you. You were too conscious
to be my mate. I need someone

who doesn’t think so much,
who is impervious to my suffering.

Even with someone like that,
I feel I am too painful to be borne.

It is a bigger thing than both of us
being monsters. The words I write

are my gift to you, the only thing
I can possibly give now. I took

so much, I have to give something
back. Even if I am a monster,

do you think that means I don’t
suffer when contemplating

my monstrosity? You think because
I did not stay, I did not love.

I loved as much as any wounded
creature can. I loved as much

as a woman without a whole heart
can love. I loved you in my way,

the only way I have.

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